HomeMy WebLinkAboutMinutes 1965-12-20REGULAR MEETING OF THE CITY COUNC_-L
OF THE CITY OF SOUTH SAN FRANCISCO
HELD MONDAY, DECF~BER 20, 1965
TIME:
PLACE:
CALL TO ORDER:
PLEDGE OF ALLEGIANCE
AND INVOCATION:
ROLL CALL:
AWARDS PRESENTATION
CIVIC IMPROVF~ENT:
MINUTES:
CLAIMS:
PARKING DISTRICT
NO. 1 CLAIMS:
SOUTH SAN FRANCISCO
IMPROVF~ENT BONDS OF
1963 CONSTRUCTION FUND
CLAIM:
CABOT, CABOT & FORBES
INDUSTRIAL PARK UNIT
NO. 1 CLAIMS:
SOUTH SAN FRANCISCO
PUBLIC LIBRARY CLAIMS:
8:00 p.m.
Council Chambers, City Hall
The meeting was called to order by Mayor Ber~ucelli at 8:10 p.m.
Pledge of Allegiance to the Flag was recited, after which the invocation was
Given by Reverend 3chh Ward of Mater Dolorosa Church in the absence of Reverend
C. Norman Allen of Mater Dolorosa Church.
Present:
Absent:
Councilmen Frank J. Bertucelli, Pasrick E. Ahern, Emilio Cortesi
Andrew Rocca and Guido J. Rozzi
None
Mayor Bertucelli at this time called on Bob Lambertson, Chairman of the Mayor's
Civic Improvement Committee, to make the presentations and awards to the winners
in the "Clean-Up Paint-Up Fix-Up" campaign. After the awards had been made,
Mayor Bertucelli expressed the thanks of the City and the members of the Council
to Mr. Lamhertson, his committee members, participants and the residents of the
City in the Clean-Up campaign.
Mayor Bertucelli at this time asked if there was a motion approving the minutes of
the regular meeting of December 6, 1965.
Councilman Rozzi moved, seconded by Councilman Ahern and regularly carried, that
the minutes of the regular meeting of December 6, 1965 he approved as submitted.
Mayor Bertucelli then asked if there was a motion approving the regular claims as
submitted for payment.
Councilman Ahern moved, seconded by Councilman Rocca and regularly carried, that
the regular claims totaling $49,886.76 be approved for payment.
Mayor Bertucelli then asked if there was a m~tion approving the claims for Parking
District No. 1 as submitted for payment.
Councilman Rozzi moved, seconded by Councilman Rocca and regularly carried, that
the claims as submitted for Parking District No. 1, totaling $738.97 he approved
for payment.
South San Francisco Improvement Bonds of 1963 Construction Fund Claim:
South San Francisco Improvement Bonds of 1963 Construction Fund claim dated
November 15, 1965 in the amount of $150,000.00 to he paid to the Sewer Rental
Fund repayment for advance made from th~ Sewer RentaI Fund pursuant to
Resolutions No. 4053 and No. 4091.
Councilman Rocca moved, seconded by Councilman Ahern and regularly carried, that
the claim as submitted for the South San Fra3cisco Improvement Bonds of 1963
Construction Fund he approved for payment.
Cabot, Cabot & Forbes Industrial Park, Unit ~o. 1 Claims:
(a) Wilsey, Ham & Blair claim dated November 30, 1965 in the amount of $190.24
for Construction Staking - Power Line to Sewage Lift Station.
(b) Wilsey, Ham & Blair claim dated November 30, 1965 in the amount of $1,707.21
for Contract Administration, Resident E~gineering and Inspection Services.
(c) Robert S. Cooper & Associates claim dated September 1, 1965 in the amount of
$339.60 for Inspection of Site Grading and Trench Backfill.
(d) Robert S. Cooper & Associates claim dated November 4, 1965 in the amount of
$184.25 for Inspection of Site Grading and Trench Backfill.
Councilman Rozzi moved, seconded by Councilman Rocca and regularly carried, that
~he claims as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 1,
he approved for payment.
South San Francisco Public Library Claims:
ia) Herman Christensen and Sons, Contractor, claim dated November 22, 1965 in the
amount of $82,872.00 for work performed on Library and Emergency Operating Center.
lb) Testing and Controls, Inc., Contractor, claim dated November 9, 1965 in the
amount of $108.46 for work performed on Library and Emergency Operating Center.
Councilman Ahern moved, seconded by Councilman Rocca and regularly carried, that
~he claims as submitted for the South San Francisco Library and Emergency Operating
Center he approved for payment.
PUBLIC HEARING AND
BID OPENINGS -
ACQUISITIONS AND
IMPROVEMENTS
STONEGATE RIDGE:
PUBLIC HEARING -
REMOVAL OF REFUSE
BID OPENING:
FIRST SALE IMPROVEMENT
BONDS STONEGATE RIDGE
UNIT NO. 1:
RESOLUTIONS
CABOT, CABOT & FORBES
INDUSTRIAL PARK UNIT
NO. 2:
RESOLUTION
ST(2~NEGATE RIDGE
UNIT NO. 1:
The next item for Council's attention was the Public Hearing on the Acquisition and
Improvements, Stonegate Ridge and adjacent lands pursuant to Resolution of Intention
bo. 4271.
Mayor Bertucelli declared the Public Hearing opened, stating that if there were no
objections, the Public Hearing would be continued to the next regular meeting.
There being no objections from any member of the Council, it was so ordered.
At this time, Mr. Kenneth Jones of the firm of Wilson, Jones, Morton and Lynch,
attorneys for the District, addressed the Council on the matter of Stonegate Ridge,
explaining the courses of action which were available to Council in enlarging the
District if they so desired as w~ll as any amendments it could make to the area.
Discussion then followed at which time Mr. Summey, Deputy District Attorney for the
County of San Mateo representing the School District, remarked that in their opinion
the school was not benefited by the assessmeat district, that the roadway was not
necessary since there were already three roads going to the school which were ample
for their purposes, that the graded level of the proposed street was of such a height
that the school would not derive any benefit and it was their feeling that the
developer should finance these improvements himself. He further remarked that the
School District would continue to protest its inclusion in the assessment district.
Discussion then followed concerning a confezence meeting which was to be held with the
'property owners involved, after which Mr. 3cnes remarked that there was no objection
;o the continuance of the hearing, but that financing was needed to take care of the
grading work already underway, that Council could take this action of declaring the
bids received for the first sale of bonds r~ther than to return them unopened, and
that the bonds would not be printed and delivered until such time as the assessment
district had been formed.
City Attorney Noonan concurred with Mr. Jones, stating that the City could declare the
~ids if they so desired on the Stonegate Parcel "A" only. Councilman Rocca stated
that he could not see how the City could authorize a sale of bonds on a District which
uad not as yet been formed. Mr. Jones explained to Council the provisions of the law
Nhich allowed them to take this course of action of declaring the bids since this was
a partial sale only for the grading work, a~ain mentioning that the bonds would not
he printed and delivered until such time as the district had been formed. Councilman
Rocca remarked that if the district was asking only at this time for a commitment
and not the sale of bonds, then he would not have any objections to this course
of action.
Further discussion followed.
The next item was the Public Hearing on the removal of refuse and debris at 98 Oak
Avenue.
Mayor Bertucelli declared the Public Hearing opened, askingiif any written protest
had been received to which the City Clerk replied that the property had been posted
and notices mailed to the owners. Mr. Don Simonson, County Sanitarian, reported
that a reinspection of the property had hee'~ made, that the garbage and debris had
been removed and that the matter had been concluded to their satisfaction. City
Attorney Noonan complimented the Sanitarian for a job well done, explain~ng~how
the enforcement was affected through the us~ of the recently adopted ordinance and
the course of action which the City could t~ke if the~,property owner failed to comply.
There being nothing further, Mayor Bertucelli declared the Public Hearing closed.
The next item was the Bid Opening on the first sale of Improvement Bonds in the
amount of $320,000.00 for Stonegate Ridge Ugit No. 1.
At the request of the Mayor, the City Clerk opened and declared the bids received
on the first sale of Improvement Bonds in the amount of $320,000.00 for Stonegate
Ridge Unit No. 1. The bids were then given to Mr. Jones for further checking,
compilation with a report and recommendatic~ to he made later on in the meeting.
Mayor Bertucelli remarked that if there were no objections, the following resolutions
as they affected Cabot, Cabot & Forbes Industrial Park Unit No. 2 would he continued
pending receipt from Planning Commission irformation on the plat or map: (1) "A
RESOLUTION AMENDING RESOLUTION NO. 4236 ENIITLED 'A RESOLUTION OF INTENTION TO
ACQUIRE AND CONSTRUCT IMPROVEMENTS' CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 2"
(2) "A RESOLUTION OF PRELIMINARY APPROVAL CF ENGINEER'S REPORT CABOT, CABOT & FORBES
INDUSTRIAL PARK UNIT NO. 2" (3) "A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT, DIRECTING FILING OF MAP AND DIRECTING RECORDATION OF NOTICE
OF ASSESSMENT CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 2" (4) "A RESOLUTION
APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS
AND IMPROVEMENTS AND DIRECTING NOTICE CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT
NO. 2."
There being no objections, it was so ordered.
The next item for Council's attention was the resolution entitled: "RESOLUTION
OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 4271 - STONEGATE RIDGE UNIT
NO. 1" accompanied hy communication dated December 3, 1965 as received from
Ricco Lagomarsino, adjacent property owner, concerning drainage from Stonegate
Ridge as it affects his property.
There being no objections, Mayor Bertucelli continued the resolution to the next
regular meeting.
RESOLUTION
STONEGATE RIDGE
UNIT NO. 1:
RESOLUTION NO. 4338
WESTBOROUGH BLVD.
EXTENSION:
RESOLUTION NO. 4339
VACATION OF PORTION
OF FOURTH LANE:
RESOLUTION NO. 4340
ESTABLISHING CERTAIN
TRAFFIC REGULATIONS:
RESOLUTION NO. 4341
CIVIC IMPROVEMENT
COMMITTEE COMMENDATION:
FUND RAISING REQUEST
SO. S. F. HIGH SCHOOL:
AMENDMENT OF SUBDIVISION
ORDINANCE:
ANTOINETTE LANE:
J. F. HUMPHREY
VARIANCE APPLICATION
P.C. RESO. NO. 1993:
_~0~o
The next item was the resolution entitled: "RESOLUTION AND ORDER ADOPTING
ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS
STONEGATE RIDGE NO. 1."
There being no objections, Mayor Bertucelli continued the resolution to the next
regular meeting.
The next item for Council's consideration was the Inter-Office Memorandum from
the Director of Public Works dated November .9, 1965 concerning the extension of
~estborough Boulevard from 3unipero Serra to E1Camino Real. Accompanying was a
communication dated November 16, 1965 from C~unty Engineer-Road Commissioner,
County of San Mateo, concerning the extensio~ of Westborough Boulevard.
City Attorney Noonan explained the resolutio~ after which Councilman Rozzi intro-
duced: "A RESOLUTION REQUESTING THE TRANSFER OF THE WESTBOROUGH BOULEVARD EXTENSION
PROJECT FROM STAGE 2 TO STAGE 1 OF THE CITY-COUNTY HIGHWAY PLAN PREPARED BY GEORGE
S. NOLTE."
Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E.
Ahern, Emilio Cortesl, Andrew Rocca and Guido 3. Rozzi. Noes, none. Absent, none.
The next item was the Planning Commission Resolution No. 1966 entitled: "A RESO-
LUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH SAN FRANCISCO RECOMMENDING
THE ABANDONMENT OF A PORTION OF FOURTH LANE."
~ty Attorney Noonan explained the resolution after which Councilman Ahern intro-
duced: "A RESOLUTION OF INTENTION TO VACATE PORTIONS OF FOURTH LANE BETWEEN SPRUCE
AND WALNUT AVENUES."
~oll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E.
Ahern, Emilio Cortesi, Andrew Rocca and Gui¢o 3. Rozzi. Noes, none. Absent, none.
3ity Attorney Noonan explained the next resolution for Council's attention after
which Councilman Rozzi introduced: "A RESOLUTION AMENDING RESOLUTION NO. 3812, AS
AMENDED WHICH ESTABLISHES CERTAIN TRAFFIC REGULATIONS IN ACCORDANCE WITH ORDINANCE
NO. 491."
Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E.
Ahern, Emilio Cortesi, Andrew Rocca and Guido 3. Rozzi. Noes, none. Absent, none.
City Attorney Noonan explained the next reselution after which Councilman Ahern
introduced: "A RESOLUTION COMMENDING THE MqMBERS OF THE MAYOR'S COMMITTEE ON
CIVIC IMPROVEMENT AND THE PARTICIPANTS IN T~E 1965 CLEAN-UP PAINT-UP FIX-UP
CITY BEAUTIFICATION CAMPAIGN."
Roll call vote was as follows: Ayes, CouncLlmen Frank J. Bertucelli, Patrick E.
Ahern, Emilio Cortesi, Andrew Rocca and Guido 3. Rozzi. Noes, none. Absent, none.
The next item for Council's consideration was a communication dated November 20, 1965
as received from the Student Government of ~outh San Francisco High School requesting
permission to hold a fund raising festival on March 18 and 19, 1966.
Councilman Rozzi moved, seconded by Councilnan Rocca and regularly carried, that
the request as made be granted subject to t~e approval of the Police Chief.
The next item was the Inter-Office Memorandum dated November 26, 1965 from the City
Attorney concerning amendment of Subdivision Ordinance pursuant to Section 11525.2
of Business and Professions Code regarding school sites, in subdivisions.
Accompanying was a copy of communication dsted November 19, 1965 from Paul Nielsen,
Secretary, Board of Trustees, together wit~ copy of Board of Supervisors, County of
San Mateo, Ordinance No. 1721 entitled: "CRDINANOE AUTHORIZING PLANNING COMMISSION
TO REQUIRE DEDICATION OF SCHOOL SITE IN ACLORDANGE WITH PROVISIONS OF SECTION 11525.2
OF THE BUSINESS AND PROFESSIONS CODE;" copy of recent legislation concerning the
subject matter.
At the request of City Attorney Noonan, this matter was scheduled for the agenda of
Monday, January 3, 1966.
The next item for Council's attention was ~he dedication, construction and improvement
of Antoinette Lane.
City Attorney Noonan suggested a motion that the request be made for the delivery of
the Deed together with an Agreement for the construction and installation to City's
specifications, with the Agreement to be secured by a corporate surety bond, all of
which is to be presented at the next meeting for Antoinette Lane. Councilman Rozzi
moved, seconded by Councilman Rocca and regularly carried.
VARIANCE Resolution No. 1993 received from the Planning Commission recommending
permission be granted to allow an addition 17'6"x28', to encroach 2 ft. into required
5 ft. side yard to conform with existing side yard at 346 Del Monte Avenue in an
R-1 district, subject to the condition thaz the temporary building is to be moved
at least 10 ft. from main house.
Councilman Rocca moved, seconded by Councilman Rozzi and regularly carried, that
the recommendation of the Planning Commission be approved and accepted.
P. C. RESO. NO. 1994
CAESAR-CALLAN HOMES
PLANNED UNIT "B" .'
P. C. RESO. NO. 1995
CAESAR-GALLAN HOMES
PLANNED UNIT "F":
GOLWEL CONSTRUCTION CO.
USE PER~IT
P.G. RESO. NO. 1996:
MILT BRONSTEIN
USE PERMIT
P.G. RESO. NO. 1997:
bO O
P. C. RESO. NO. 1998
A~END~ENT OF ZONING
ORDINANCE NO. 353.'
P. C. RESO. NO. 1999
DOORS ON GARAGES AND
CARPORTS:
P. C. RESO. NO. 2000
PENINSULA MASTER
BU I LDERS:
5o O
ZONING FOR
RECREATION AREAS
HICKEY BOULEVARD
EXTENSION:
REPORTS:
Resolution No. 1994 received from the Planning Commission entitled: "A RESOLUTION
OF THE PLANNING CON~ISSION OF THE CITY OF SCUTH SAN FRANCISCO, REGON~ENDING TO THE
CITY COUNCIL APPROVAL OF THE USE PER~IT APPLICATION OF CAESAR-GALLAN HOMES, INC.
TO PERMIT A PLANNED UNIT DEVELOPMENT: TO WIT, PLANNED UNIT 'B', A PORTION OF
'NESTBOROUGH WEST PARK SUBDIVISION UNIT NO. 1; IN THE WEST PARK PLANNED COMMUNITY
DISTRICT, AS ESTABLISHED BY ORDINANCE NO. 511: BEING A MULTIPLE-FAmILY RESIDBNTIAL
PLANNED UNIT CONTAINING AN AREA OF 6.12 ACRES MORE OR LESS."
$ouncilman Rocca moved, seconded by Councilman Rozzi and regularly carried, that
the recommendation of the Planning Commission be approved and accepted.
Resolution No. 1995 received from the Planning Commission entitled: "A RESOLUTION
OF THE PLANNING CON~ISSION OF THE CITY OF SOUTH SAN FRANCISCO RECON~NDING TO THE
CITY COUNCIL APPROVAL OF THE USE PERMIT APPLICATION OF GAESAR-CALLAN HOMES, INC.
TO PERMIT A PLANNED UNIT DEVELOPMENT: TO WiT, PLANNED UNIT 'F', A PORTION OF
WESTBOROUGH WEST PARK SUBDIVISION UNIT NO. 2; IN THE WEST PARK PLANNED COMMUNITY
DISTRICT, AS ESTABLISHED BY ORDINANCE NO. 511: BEING A SINGLE-FAmILY RESIDENTIAL
PLANNED UNIT CONTAINING AN AREA OF 8.076 ACRES." Accompanying was Report of Findings.
Councilman Rocca moved, seconded by Councilnan Rozzi and regularly carried, that
the recommendation of the Planning Commission be approved and accepted.
USE PERMIT Resolution No. 1996 received fron the Planning Commission recommending
permission be denied to permit a self-service coin-operated auto laundry structure
consisting of four auto stalls on Mission R~ad, adjacent to 975 Mission Road.
Councilman Rocca moved, seconded by Councilman Rozzi and regularly carried, that
the recommendation of the Planning Commission be approved and accepted.
USE PER~IT Resolution No. 1997 received from the Planning Commission recommending
permission be granted to permit an additional sign of 38 sq. ft. across the front
of the building for a total of 109 sq. ft. of sign area - 34 sq. ft. over permitted
75 sq. ft. without Use Permit at 333 Grand Avenue.
Councilman Rocca moved, seconded by Councilman Rozzi and regularly carried, that
the recommendation of the Planning Commission be approved and accepted.
Resolution No. 1998 received from the Planring Commission entitled: "A RESOLUTION
OF THE SOUTH SAN FRANCISCO PLANNING CON~ISSION DECLARING ITS INTENTION TO AMEND
ZONING ORDINANCE NO. 353 AS AMENDED TO RECLASSIFY THE PROPERTY KNOWN AS WESTBOROUGH
UNITS #l-A, #l-B, #1-C AND /f2 TO AN R-1 SINGLE FAMILY RESIDENTIAL DISTRICT."
Councilman Rocca moved, seconded by Councilman Rozzi and regularly carried, that
the recommendation of the Planning Commission be approved and accepted.
Resolution No. 1999 received from the PlanNing Commission concerning establishment
of time and place for Public Hearing concerning proposed amendment of Section 7.27
of Ordinance No. 353 requiring doors on gamages and carports.
Councilman Rocca moved, seconded by Councilman Rozzi and regularly carried, that
the recommendation of the Planning Commission be approved and accepted.
Resolution No. 2000 received from the Planning Commission entitled: "RESOLUTION
OF THE PLANNING CON~ISSION OF THE CITY OF SOUTH SAN FRANCISCO RECON~ENDING TO THE
CITY COUNCIL MODIFICATION OF ITS PREVIOUS ACTION DEN~ING THE APPLICATION OF PENINSULA
N~STER BUILDERS FOR SIDE, REAR AND FRONT YARD VARIANCES ON VARIOUS LOTS IN WESTBOROUGH
SUBDIVISION, UNITS 1-C AND 2." Accompanying was communication dated November 16, 1965
from Peninsula Master Builders over the signature of Malcolm W. McFall.
Councilman Rocca moved, seconded by CounciLman Rozzi and regularly carried, that
the recommendation of the Planning Commission be approved and accepted.
The accompanying Variance Resolutions No. 1969, 1970, 1971 and 1972 dated
September 27, 1965 which had been received at an earlier meeting from the Planning
Commission with a recommendation for denial were ordered filed by the Mayor and
were to serve the purpose of backup material only.
The next item for Council's attention was the Inter-Office Memorandum from the
Recreation Commission dated November 23, 1965 concerning amendment to zoning ordinance
to establish classification for zoning lands for public use for parks and recreation
areas. Accompanying was the Inter-Office ~emorandum dated December 2, 1965 from
the office of the City Attorney.
There being no objections, Mayor Bertucelli referred the matter back to the Planning
Commission for report to the City Council.
The next item was the Inter-Office Memorardum from the Director of Public Works
dated November 29, 1965 concerning proposed Hickey Boulevard Extension through
Winston Manor No. 2.
Tkere being no objections, Mayor BertucelDi ordered the Memorandum accepted and filed.
Monthly Reports were received from the following:
Building Department - November, 1965
Fire Department - November, 1965
City Clerk - October, 1965
Parking District No. 1 - October, 1965
REPORTS:
(CONTI ~U~-D)
GOOD AND WELFARE:
EL~ COURT
RECREATION CENTER
.eoo
SEASON'S GREETINGS:
RECESS:
RECALL TO ORDER:
RESOLUTION NO. 4342
FIRST SALE OF BONDS
STONEGATE RIDGE UNIT
NO. 1:
ADJOURN~NT:
There being no objections, Mayor Bertucelli ordered the reports accepted and
placed on file.
Tuere being nothing further, Mayor Bertucelli asked if any member of the Council
had anything they wished to offer. Councilm~n Rocca remarked that the other
evening, he attended at the Council's request, a Teen group meeting at the Elm
Court Recreation Center, stating that the performance by teen-agers was mmst
gratifying and talented. He commented that he noted the lack of adequate parking
soace and that since the City had recently purchased an adjacent parcel of property,
requested that steps be taken to improve the site to afford more convenience.
T%ere being no objections, Mayor BertuceIii referred the matter to the City Manager
a~d City Attorney for report.
Councilman Ahern extended his best wishes to the people for the Holiday Season.
Mayor Bertucelli extended his Holiday Greetimgs, commenting that the City during
t%e past year had accomplished a great deal and that the Council looked forward to
t~e new year for further accomplishments.
T%ere being nothing further, Mayor Bertucelli asked if anyone present in the audience
had anything they wished to offer. There being none, a recess was declared at 9:39 p.m.
Tue meeting was recalled to order at 10:03 p.m. at which time, Mr. Ken Jones reported
to Council on the compilation of bids made for the sale of honda on Stonegate Ridge
No. 1, stating that the bid of the First California Company was the heat hid,
recommending the adoption of the resolution ~warding the sale to that company, with
a~ added paragraph as follows: "Provided, however, that no honda shall he issued and
delivered pursuant to this resolution until an assessment district has been formed to
i~clude Diagram and Assessment No. "A", and when, as and if said bonds may he legally
issued."
Councilman Rocca introduced: "RESOLUTION AWARDING SALE OF BONDS, FIRST SALE -
STONEGATE RIDGE UNIT NO. I."
Roll call vote was as follows: Ayes, Councilman Frank J. Bertucelli, Patrick E. Ahern,
Eailio Cortesi, Andrew Rocca and Guido J. Rozzi. Noes, none. Absent, none.
There being nothing further, Councilman Rozzi moved, seconded by Councilman Ahern
and regularly carried, that the meeting he adjourned to Monday, January 3, 1966.
Time of adjournment: 10:07 p.m.
RESPECTPULLY SUBMITTED;
APPROVED:
~ Mayor